About Me

Hello, my name is Patrick Coleman and welcome to my blog. What happens if you get in trouble with the law while traveling? Do they hold you there, or send you back to your country? Maybe both? Here’s what you need to know.

International Criminal Law

If you were recently fired from your job and believe it was for an unfair reason, this might end up resulting in a lawsuit. Wrongful termination occurs when you are fired from a job for a reason that is discriminatory or otherwise unjust. Here are some things to know about these types of lawsuits. Only Certain Situations Are Considered Wrongful Termination When you are fired and you believe the reason was not justified, you might have a wrongful termination case on your hands. However, you first need to understand the situations when it is wrongful termination, and when it might not be. If you were a victim of discrimination and think that is why you were fired, it most definitely could be wrongful termination. You can’t legally be fired for your religion, political affiliation, sexual preference, gender, race, or age. You also can’t be fired due to a disability, illness, or pregnancy. However, there are some instances where company policy allows your boss to fire you. For example, they might have very strict rules about how much time you can take off for an illness without a doctor’s note. Make sure you have followed the right steps to taking time off if you get injured or become ill. You Must Be Able To Provide Proof In all cases of wrongful termination, you need to have proof not of being fired, but for the reason you were fired. The company might try to claim that they didn’t actually fire you because you got pregnant, but because of your work ethic or taking too much time off. As long as you followed the right steps to taking time off in regards to your pregnancy, this should not be allowed. Gather proof you have of your work, such as having a printed attendance record, copies of doctor’s notes you provided to your employer, and your most recent review. If you received an employment review a month before you were fired that mentioned what a good worker you are, then you are suddenly fired supposedly for your work ethic, there is something amiss. You Should Have a Lawyer to Represent You Wrongful termination cases are among the most difficult lawsuits to handle. It is essential that you have a good attorney who has dealt with similar employment situations. The lawyer will know how to get the right evidence, file a claim against your employer, and get witnesses if they are...

Motorists invest in auto accident insurance so as not to worry about the financial implications of a road accident if it happens to occur. However, getting insurance claims settled after an automobile accident is often not as simple as filing the claim forms and waiting for compensation. Denial of accident insurance claims is not a new thing. When a settlement claim is denied, the accident victim is forced to pay for medical bills and related expenses from their own pocket and is left to seek a refund from the insurance agency once things have been sorted out. This article discusses a few common reasons for the denial of automobile accident settlement claims. Failure To Seek Immediate Medical Attention It may sound obvious that one should seek medical attention immediately after an accident. However, a large number of motorists who find themselves in minor accidents overlook this and go ahead with their journey only to seek medical attention a week or two later. In order for an insurance agency to settle an accident claim, the victim has to prove that the accident is directly responsible for the inflicted injuries. Vehicle owners who seek medical attention even a few days after the accident increase their chances of claim denial on the grounds that the injuries may have been caused by a separate incident that occurred in the period between the accident and the day when the victim visited the hospital. Moving from the accident scene directly to the hospital is the only way to ensure that injuries resulting from the accident are diagnosed and documented for the purpose of making settlement claims. Pre-Existing Medical Conditions Pre-existing medical conditions are also fertile ground for the denial of accident settlement claims. Often times, insurance companies will try to blame the victim’s injuries and subsequent pain on pre-existing medical conditions. Luckily for accident victims, contents of the medical report given after receiving post-accident treatment can be used to rule out pre-existing medical conditions as the cause of injury and as the source of pain. In some cases, automobile accidents make pre-existing medical conditions of the accident victim worse. The victim may still qualify for settlement in such a situation. However, it is often difficult to distinguish between the extent of pre-existing injuries and the extent of injuries worsened by the accident. Lack Of Coverage Sometimes, accident settlement claims are denied because the motorist’s insurance policy does not cover him/her. For example, the insurance agency will not pay the medical bill for a teenager injured in an accident while driving his/her father’s vehicle. However, the insurer may pay for the cost of repairs to the damaged vehicle if it is covered under a relevant insurance policy. For more information, you may want to work with an attorney that works with motor vehicle accident claims in...

When dealing with family issues, it is possible that you will be faced with the need to consult a family lawyer. There are several common domestic situations that require a family lawyer such as divorce, adoption and child custody arrangements. When you set about resolving a family law matter, there are a few things to keep in mind. Legal issues between family members are unique. The parties involved are closely connected, rather than being strangers involved in a lawsuit or contract negotiation. Sometimes, these issues can be worked out in a family court without requiring a lawyer. However, if there is any contention in the legal proceedings, it is best to consult a family lawyer and receive proper counsel. Even if the parties know what they want to get out of the proceedings, a family lawyer can offer the benefit of their guidance and experience in similar matters. Divorce Divorce can be a stressful prospect, even for couples who are in agreement about how to proceed. If you find yourself facing divorce proceedings, a family lawyer can help clarify issues and offer advice. Many couples are dealing with negotiation on several fronts during a divorce. Matters such as the division of assets, the payment of spousal support and the allocation of child custody all must be resolved. Some people have trepidation about consulting a divorce lawyer, fearing that it will increase contention and make the process more difficult. However, consulting a divorce lawyer may help you keep the process under control. Rather than increase tension, the involvement of a lawyer can help both parties consider all options fully. A divorce lawyer can offer solutions to areas of disagreement. It is likely that a general family lawyer will have experience with divorce and can offer suggestions to help resolve the matter in a way that is agreeable to both parties. Custody Disputes Much like divorce, child custody disputes can become heated quickly. If you are involved in a child custody dispute, a family lawyer can help focus the discussion that is occurring between you and the other parent or guardian of the child. A family law judge will be primarily focused on the best interests of the child. A family lawyer can point out the key factors that will go into this decision. Being aware of these factors can go a long way towards developing a custody arrangement that is agreeable to all involved. Adoption Adoption is slightly different from the other areas of family law. Rather than resolving issues between family members, adoption more closely resembles a contract negotiation between people that won’t necessarily know each other well. In addition, adoption is strenuously regulated to ensure that the interests of the natural parents, the adoptive parents and the child are taken into account. Considering the amount of legal hurdles involved in adopting a child, consulting a family lawyer is especially important. A family lawyer will be able to help you identify issues that may arise with the court, such as the extent of rights that will be maintained by the natural parents. If you find yourself dealing with a family law issue, it is always best to consult a family lawyer from a firm like Marino Law. Even if all parties involved have reached an agreement, a family lawyer...

Workers’ compensation is the award paid to an employee who suffers from a disease or injury at their place of work. If you are wondering about the motivation of workers compensation, how to qualify for it, how it is implemented and how it is disputed, read on for more information. The Concept of Workers Compensation In Australia, the law on workers compensation operates under the “no fault” premise. According to this legal concept, you do not need to prove that your actions were not negligent in order to succeed in a compensation claim. Compensation is meant to help you recover and resume work. Therefore, compensation is temporary unless your condition cannot be easily settled. For example permanent disability will mean that you continue receiving compensation for medical expenses and loss of work resulting from this condition. What Conditions Should Be Met by Employees For you to be compensated, you have to meet the following conditions: You should make the claim within 6 months You have to give notice of your injuries or illness to your employer before leaving the premises. For example, if you are injured off loading goods from the workplace truck, you should not leave this site until you notify your employer of the injuries you have sustained. The injury or illness has to be tangible—something that can be seen like a broken limb or a head injury. Emotional distress or similar non tangible injuries are not covered by workers compensation. You must have either suffered a loss of income or accrued medical expenses. A qualified physician must confirm that your injuries or illness arose from work related conditions. Post Claim Process After a successful claim, your employer is required to make weekly compensation payments. Your employer is also required to make payments of up to $5,000 to cater for medical expenses. The weekly compensation payment is based on your employer’s normal weekly payment rate. For instance if you are earning $1000 dollars per week, the court will have your employer give you a fraction of that amount every end of the week. However, compensation lawyers use a specific formula to push for awards in cases where a worker had multiple jobs before being injured. For instance, if you work night shifts at a hospital and the day shift at a garage, you will be compensated for loss of income based on the pay you receive from both jobs. Post Claim Dispute For your employer to succeed in fighting a compensation claim, they must present prove of any one of the following: The claim you filed was fraudulent. For example, you never sustained an injury from your place of work but made a claim in order to get money to cater for your medical expenses. You based your claim on exaggerated or incorrect information. For example, you sustained a bruise on the head but are claiming it was a concussion. You willfully and purposefully set yourself to be injured in order to be compensated by your employer. For example, you tripped on purpose so as to break your leg. To learn more about your options, consider contacting compensation lawyers through firms like Bell...

Child support is a payment arrangement meant to offset the expense of raising and caring for children and is typically paid by the parent who does not have fulltime custody of the children or shared custody, although this arrangement will vary from location to location and from case to case. While child support judgments may go for years without any changes needing to be made, there may be some times when it’s good to consult a family lawyer about having it adjusted, either as the parent paying support or the one receiving support. Note the following considerations to keep in mind. 1. The child’s needs are decreased or are increased An example of a child’s needs decreasing might be when a child enters school and no longer needs fulltime care from an outside daycare or nanny. A child may have also had a medical need that was being considered when it came to a support payment, and the child now no longer needs medication or additional healthcare coverage or trips to the doctor’s office. Whatever the reason for a child’s financial needs to be decreased, this might factor into the amount of support being paid and, in turn, that judgment might also be decreased. In the same way, a child’s needs may be increased over time. They may develop a medical issue that incurs more medical costs, or a family member may no longer be able to care for that child while the custodial parent works and now he or she needs to pay for daycare or other such care. These factors too can be taken into consideration and child support may be adjusted accordingly. 2. Custody arrangements have changed If a parent goes from being a noncustodial parent with occasional visitation rights to being a parent with joint or fully shared custody, their payments may be decreased. The children would now be in that parent’s home more often so that they are directly providing for the child’s needs and, in turn, they may not be obligated to pay as much to the other parent. This custody arrangement may need to change significantly for that to happen, but if you do have changes to your custody arrangements, call a family lawyer and discuss how it may impact your support payments. Note too that this custody arrangement may not need to be an official arrangement by the family law courts. If one parent is caring for the children significantly more than their official arrangement because the other parent works or goes out socializing on a regular basis, just an attorney can advise if this can be considered when it comes to adjusting the support...

Posted by Patrick Coleman on 9:30 am in Uncategorized | Comments Off on Four Complications That Can Make It Hard to Win a Personal Injury Lawsuit and How to Deal With Them

If you have been injured due to the negligence of a business owner, an employer or anyone else, you may be able to bring a personal injury lawsuit against them, and potential winnings from the case could cover your medical bills, expenses, and your pain and suffering. However, there are things that can make your case hard to fight or put your winnings in limbo. Here are four common complications and tips on what you need to know: 1. Criminal History If you have a crimes on your record, that does not prohibit you from winning a personal injury lawsuit. However, you should bring up your criminal history with your lawyer. Unfortunately, the other side may be able to use your past to undermine your credibility, and your lawyer needs to know so he or she can prepare for the counterattack. 2. Unpaid Debts If you have unpaid debts, creditors and lawyers have recourse to reclaiming the funds in a number of ways. For example, they may be able to take you to court and have your wages garnished, and in some cases, they may even be able to make a claim against your winnings from a personal injury lawsuit. If you have defaulted or other unpaid debts, talk with your lawyer about them. If the threat is relevant, your lawyer can contact your creditors and work with them so you don’t lose your settlement to old bills. 3. Previous Injuries Previous injuries should not interfere with your ability to win a personal injury lawsuit, but unfortunately, the other side may bring up previous injuries. They may try to claim that your current injuries or issues are related to past accidents rather than to the accident for which their client is responsible. For example, if you are taking a doctor to court for medical malpractice and you claim you have PTSD from the terrible care, the opposing lawyer may try to argue that you already have PTSD from a previous car accident, injury or other experience. 4. Self Representation If you are a skilled attorney or even just a confident lay person, you may be able to successfully argue a personal injury case and win a settlement. However, it can be disastrous to represent yourself if you are not properly skilled and prepared, so do be afraid to reach out to a lawyer, such as Andrew B Thiele & Co. Most personal injury cases are fought against insurance companies. These financial giants often have extensive legal teams, and to win, you need the help of a skilled attorney with experience in winning personal injury...

Posted by Patrick Coleman on 11:50 am in Uncategorized | Comments Off on Gentle Force: Your Rights And Responsibilities When Asked For Documents

The recent Operation Fortitude which was planned for the Melbourne CBD has been abandoned. The legality of randomly stopping someone on the street and asking for their visa has been strongly questioned. However, this incident highlights the fact that you should be aware of your rights and responsibilities if a police or immigration officer asks to see your documents. Reasonable Grounds Laws vary slightly in different states and territories; however, police or immigration officers can only request identification, visa documents and tax file data if they have reasonable grounds to believe that you are breaking the law. Usually, an offence will have occurred near the place where you have been stopped. In the case of immigration officials, the airport or a workplace are the most likely locations for an offence to occur. It is therefore highly unlikely that an Australian Border Force (ABF) officer would need to stop you on the street. Legal Requirements There are a number of procedures that you should follow if you are questioned by a police or ABF officer. Remain polite at all times whilst ensuring that your rights are not infringed. You are only required to provide police with evidence of your name and address for an I.D. check. A driver’s license is usually sufficient. You do not have to provide police with your passport or visa for an I.D. check. If you are a visitor to Australia, your passport may be the most convenient form of I.D., but you are not compelled to use it if other options are available. At the airport, you must provide immigration documents to ABF officers. If compliance checks are being undertaken at your workplace, based on information that some employees are illegal immigrants, it is reasonable for ABF officers to ascertain your visa and taxation status. Engage in minimal conversation in case the incident becomes more serious and something you say is later used against you. The Right to Ask If you are stopped by a police or ABF officer, you should be compliant within the requirements of the law. You can also politely request the following information. Ask to see the I.D. of the police or ABF officer. Note his or her name and number for future reference. Ask for an explanation. Note which laws are being applied. Violations If you believe that your rights have been violated, contact your solicitor for advice. You should write down the exact details of the incident as soon as possible. If friends or bystanders have recorded the event, ask for copies. Here are ways in which your rights may be violated. Random Checks: You have the right to move freely around Australia. Unless it is clear that there are reasonable grounds for the request, police and ABF officers are not acting within the law. Ethnicity: It may be evident that only people from a certain race or ethnicity are being targeted. This is against the law. Profiling: If only people of specific appearance are being targeted, for example, young people with tattoos, this may also be a violation of the law. Documents: Officers should not request documents beyond those outlined above without a warrant. Calm, Cool and Collected If stopped by an officer, remain clear-headed whilst clarifying the request. Rather than escalating a situation, it is best to...

Accomplice liability occurs when an individual assists another perpetrate a criminal offense with the intention of availing such assistance or help. Usually, the main doer or executor of a criminal offense is known as a principal while the persons helping in the actualization of the offense are known as accomplices. Despite the fact that the role of the accomplice in the crime is that of offering support and not necessarily committing the actual crime itself, he or she is equally as liable as the principal. This article offers insight from the perspective of a criminal solicitor in helping the ordinary person understand what accomplice liability entails: Elements of accomplice liability For an individual to be found culpable of accomplice liability, a criminal solicitor must prove to the court that the defendant was involved in a specific crime and that they did so with the intention declared in the applicable statute. For instance, the felony statute may affirm that the accused had to ‘intentionally, ‘deliberately’ or ‘purposely’ carry out some act. For the prosecution or a criminal solicitor to successfully prove that an individual is culpable of accomplice liability, they must establish that the accomplice had the intention to assist with the offense being perpetrated. This basically means that the partner in crime or accomplice has to have full knowledge that the principal is preparing to carry out a felony and that the accomplice is determined to assist the principal successfully execute the offense. Moreover, an individual doesn’t necessarily have to be found at the crime scene to be culpable of accomplice liability. An accomplice may be found to have offered support to the principal prior to, during or after the criminal act. Commissioning a crime on the part of the accomplice basically involves their role in funding, brainwashing, encouraging or assisting the principal in perpetrating the criminal act. Examples of accomplice liability For instance, the principal can come into a banking institution and steal at night with the help of an accomplice who is an employee of the bank who provides the burglar with the security code to access the bank. Further to that, an individual can become an accomplice to a crime if they lend weapons, tools, cash or other equipment needed to perpetrate a felony in question. It is important to note that accomplice liability arises only when the underlying criminal act is actually perpetrated. For instance, an accomplice to a burglary may be charged with theft. However, if the offense was not carried out, there isn’t accomplice liability. Contact a company such as Preston Law to learn...

As of the 1975 changes to family law divorcees do not need to prove that either party was at fault in the marriage breakdown, simply that the parties have been separated for 12 months and feel there are irreconcilable differences that prevent them from staying married: Easier divorce proceedings For couples with relatively simple divorces, with easily divisible property and no young children (under 18), the no fault divorce lead to a much simpler process. In this case if the parties make a joint application they do not need to go to court. While divorces can be handled relatively simply now, it often makes sense to have an initial appointment with a lawyer to review your case and ensure that you are not forgetting or missing extra issues that could be easily handled in the divorce settlement. Property settlements are faultless as well Additionally, within property settlements the removal of the idea of a fault on the part of one party means that property settlements are now worked out according to other factors such as the contributions of both parties, and requirements for providing for children going forward. No party is rewarded or punished for their behaviour in the marriage, unless specific provisions where accounted for in a binding financial agreement , which sets out alternate financial provisions. Equally there is no adoption of a notion of fault in organising child access, although child safety is always paramount so safety provisions can be put in place for situations where abuse or domestic violence has occurred. Civil vs. religious However in the cases of some religions, such as orthodox Jews, a civil “no fault” divorce does not carry weight within the religion and a separate religious divorces needs to be issued to allow either party to remarry within their religion. This is usually issued by an elder or panel of religious experts within your religion – so be sure to consult with your theologian on how you also need to obtain a religious divorce if this is relevant to you. Ideally no-fault divorces should allow you both to move on as a smoothly as possible, and get on with the rest of your life. While much of the proceeding now occurs outside of the court in mediation and negotiations it is always sensible to get legal advice to ensure that you are getting the fairest outcome. A lawyer can review the specifics of your case and advice on the best way to proceed. Contact a company such as Walker Pender Group to learn...

Below are several tips for both men and women on dealing with family lawyers such as firms like Crawford Ryan Lawyers Pty Ltd; what to do and what not to do as well as what to look for and other aspects to keep in mind. Altogether there are six different tips, each of which is unique and helpful to having a successful experience and case. Tip One: Keep your demands fair and reasonable: Your demands should also be negotiable and it is best to get them all done before any trial or even before any hearing. The sooner it is done with than the better it is for everyone. Tip Two: Choose the Family Lawyer carefully: For beginners the right family lawyer will be honest with you such as telling you what is worth pursuing after and what isn’t. To picking out the right one you should go from what your instincts say, from what you believe is right and from referrals. Tip Three: Confessions on the Web: Keep in mind that the attorney client privilege only works with your attorney; it may feel good to post stuff publicly but know that it can be potentially harmful towards you and or your case because your ex could get it and use it against you. It is best to keep everything to yourself and to the attorney. Tip Four: Things to NOT do: You should not lie to your attorney or in court; you should not try to hide any assests and you should not try to fake a drug test amongst several other things. Don’t underestimate the opposing attorney or your ex and hiring a Malcreant attorney is not a good idea at all. Tip Five: Court is not a Contest: Divorce court is not a game; it is very rare for the court to have a case where one side takes all. Negotiations should be fair and it best to get them done before a hearing so the court doesn’t make any choices at all. And if there are children involved in the case than the best interest goes to what is the best for them. Tip Six: Use a credit card to [ay off your Legal fees: You can use a credit card to cover the fees and let it add up until the process of divorce is final. Debt on a credit card is more likely to be deemed as marital debt and can be split up...